从药品专利侵权诉讼看现有技术抗辩原则的运用

Application of defense principle of publicly known technology in the drug patent infringement litigation

我国现有技术抗辩虽然没有明确立法,但此原则已经在司法实践中逐渐确立了。但是对于现有技术抗辩的适用范围,抗辩规则等相关问题还存在着认识上的差异,在司法实践中也出现了不同的做法。因此建议在专利法修订时加入现有技术抗辩,并明确技术对比规则和标准。

In our country, there is no clear legislation of defense of publicly known technology, but its principle has been gradually established in the judicial practice. However, there are some different viewpoints on the defense-related issues such as the scope of application and rules of defense of publicly known technology. There are some differences in judicial practice. It is therefore proposed to amend the patent law accepting defense of publicly known technology and defining rules and standards.